National
John Scott, with his wife, Jeanette. Witnesses say he was knocked down and hit repeatedly. Picture: Alex Coppel Source: Herald Sun
- Man claims pensioner hit him first
- Thought he was 45 years old, not 81
- Court told pensioner beaten to pulp
A MAN accused of bashing an 81-year-old pensioner in a road rage attack claims it was self-defence.
John Scott sustained horrific facial injuries in the attack, which was sparked by a minor road accident in Bendigo, Victoria, in July 2008.
His alleged attacker, Neville Cleland, who was 35 at the time, claims the pensioner attacked him first, lashing out at him with an elbow and a punch moments after the crash.
But police and several witnesses claim the Ocean Grove man punched Mr Scott to the ground in an unprovoked attack and continued to punch him while down.
Mr Cleland has pleaded not guilty in the County Court in Bendigo to a charge of intentionally causing serious injury.
A jury heard Mr Cleland told police he thought Mr Scott was as young as 45 and feared for his safety.
The incident took place in front of Mr Cleland's 11-year old daughter, who has given evidence in her father's defence.
The court heard Mr Scott drove into Mr Cleland's car after he allegedly cut in front of him at a set of traffic lights.
Prosecutor Peter Jones told the court Mr Scott was bashed after enduring a tirade of abuse from the angry driver.
"The defence is a smoke screen," he told jurors in his closing statement.
"He's lost his cool and beaten this man to a pulp ... This was not done in self-defence, it was done in vengeance and rage."
Mr Cleland's barrister, Richard Lawson, asked jurors to forget about the pair's age difference.
"The elephant in the room is the age gap," he said. "Everybody in this court is appalled at the age gap ... But it needs to be put to one side."
Mr Lawson argued his client had no intention of hurting Mr Scott and did not punch him while he was down.
"He is not the villain," he said. "Mr Scott got over ambitious and threw a blow."
The trial continues
Man, 81, beaten to pulp 'in self-defence'
A DRIVER accused of a road rage attack says a pensioner attacked first, making him fear for his safety.
Labor struggling in key states
LABOR narrowly ahead but poll reveals it's in danger of losing 16 seats in Queensland and NSW.
